Terms of Service:
Welcome to the Citizen's Cup App (the "App"), created by Citizen's Cup Inc. ("we," "us," or "our"). These terms of service ("Terms") govern your use of the App, so please read them carefully.
By using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.
Use of the App
The App is designed to provide you with access to certain services and features offered by Citizen's Cup Inc. You may use the App only for lawful purposes and in accordance with these Terms.
Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose your personal information when you use the App. By using the App, you agree to the terms of our Privacy Policy.
Proprietary Rights
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Citizen's Cup Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
User Content
You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, "User Content") that you submit, post, or display on or via the App.
By submitting User Content, you grant Citizen's Cup Inc. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the App and Citizen's Cup Inc.'s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels.
You represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Citizen's Cup Inc. to use your User Content in the manner contemplated by these Terms; and (ii) your User Content and Citizen's Cup Inc.'s use of your User Content as contemplated by these Terms does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any third-party.
Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
(a) use, display, mirror, or frame the App, or any individual element within the App, Citizen's Cup Inc.'s name, any Citizen's Cup Inc. trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Citizen's Cup Inc.'s express written consent;
(b) access the App through any technology or means other than those provided or authorized by Citizen's Cup Inc.
(c) attempt to probe, scan, or test the vulnerability of any Citizen's Cup Inc. system or network or breach any security or authentication measures
(d) interfere or attempt to interfere with the proper functioning of the App or any transaction being conducted on the App;
(e) use any robot, spider or crawling device
Dispute Resolution
Any disputes arising out of or relating to this Agreement or the App shall be resolved in accordance with the following provisions:
a. Informal Resolution. Before initiating any arbitration or court proceeding, you agree to first attempt to resolve the dispute informally by contacting us at info@citizenscup.com and providing a description of your dispute and your contact information. We will attempt to resolve the dispute within 60 days of receiving your notice.
b. Arbitration. If the dispute is not resolved through informal resolution, you agree to resolve any claims arising out of or relating to this Agreement or the App through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in Brooklyn,, New York. The arbitration will be conducted on an individual basis and not in a class, consolidated, or representative action.
c. Exceptions to Arbitration. This arbitration clause does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against us on your behalf.
d. Waiver of Jury Trial. You and we waive any constitutional or statutory right to a jury trial in any action arising out of or related to this Agreement or the App.
Indemnification
You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the App, your breach of this Agreement, or your violation of any law or the rights of a third party.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, OR SUITABILITY OF THE APP OR THE INFORMATION OR CONTENT CONTAINED THEREIN. YOU USE THE APP AT YOUR OWN RISK, AND YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR USE OF THE APP.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE SIX MONTHS PRECEDING THE CLAIM.
Intellectual Property
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Termination
We may terminate this Agreement and your access to the App at any time and for any reason without notice. Upon termination, you must immediately cease all use of the App.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the App and supersedes all prior agreements and understandings, whether written or oral, with respect to the App.
Amendments
We may amend this Agreement at any time by posting the amended terms on the App. Your continued use of the App after the effective date of the amended terms constitutes your acceptance of the amended terms.
Assignment
You may not assign this Agreement without our prior written consent. We may assign this Agreement at any time without notice.
Waiver
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of our right to enforce such provision.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
Non-Arbitration
Notwithstanding anything to the contrary in this Agreement, you may bring suit in court against us to address intellectual property infringement claims or to seek urgent injunctive relief.
If you have any questions or concerns about this Agreement or the App, please contact us at info@citizenscup.com